R v GLEN MALCOLM PORRITT
[2008] ACTSC 33 (22 April 2008)
CRIMINAL LAW – trial by judge alone – murder – mens rea – when a verdict of guilty of manslaughter (unlawful homicide) may be returned – unlawful and dangerous act – criminal negligence
Supreme Court Act 1933 (ACT), s 68C
Crimes Act 1900 (ACT), ss 12, 13, 14, 15
Brown v R (1913) 17 CLR 570
Packett v R (1937) 58 CLR 190
Gammage v R (1969) 122 CLR 444
Wilson v R (1992) 174 CLR 313
Zecevic v Director of Public Prosecutions (Victoria) (1987) 162 CLR 645
R v Lavender (2005) 222 CLR 67
No. SCC 56 of 2007
Judge: Higgins CJ
Supreme Court of the ACT
Date: 22 April 2008
IN THE SUPREME COURT OF THE )
) No. SCC 56 of 2007
AUSTRALIAN CAPITAL TERRITORY )
R
v
GLEN MALCOLM PORRITT
ORDER
Judge: Higgins CJ
Date: 22 April 2008
Place: Canberra
THE COURT ORDERS THAT:
The accused is not guilty of the offence charged that on 21 December 2005 at Canberra in the Australian Capital Territory he murdered Nanette Mary Porritt but is guilty of the unlawful homicide of the said Nanette Mary Porritt at the time and place aforesaid.
The accused, Glen Malcolm Porritt, now aged 23 years, stood trial before me, between 4 February 2008 and 12 February 2008, on an indictment containing one count, namely, that he:
… on … 21 December 2005 at Canberra in the Australian Capital Territory … murdered Nanette Mary Porritt.
Upon his arraignment the accused has pleaded not guilty. He elected for trial by judge alone thus engaging the provisions of s 68C of the Supreme Court Act 1933 (ACT). That section provides:
(1)A judge who tries criminal proceedings without a jury may make any finding that could have been made by a jury as to the guilt of the accused person and any such finding has, for all purposes, the same effect as a verdict of a jury.
(2)The judgment in criminal proceedings tried by a judge alone shall include the principles of law applied by the judge and the findings of fact on which the judge relied.
The offence alleged engages s 12 of the Crimes Act 1900 (ACT) (the Crimes Act). That section provides:
(1)A person commits murder if he or she causes the death of another person –
(a) intending to cause the death of any person; or
(b) with reckless indifference to the probability of causing the death of any person.
(2)A person who commits murder is guilty of an offence punishable, on conviction, by imprisonment for life.
By virtue of s 13 of the Crimes Act, if the accused would otherwise be guilty of murder, but it appears that the act or omission causing death occurred under provocation then a verdict of guilty of manslaughter may be returned.
Mr Harris SC, for the accused, does not submit that such a finding could be made in this case.
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- Case
- [2008] ACTSC 33
- Decision Date
CaseChat Overview and Summary
The court examined the evidence to ascertain if the accused acted with intent to kill or cause grievous bodily harm, which is necessary for a murder conviction. The court also considered whether the accused’s actions were so reckless that they amounted to criminal negligence, which would support a manslaughter conviction. Ultimately, the court concluded that while there was clear evidence of unlawful homicide, there was insufficient evidence to establish that the accused acted with the necessary intent to murder. Instead, the court found that the accused’s actions could be characterised as an unlawful and dangerous act that resulted in the death of the victim.
The reasoning of the court was that the accused’s actions, though reckless and resulting in death, did not meet the threshold of intent required for a murder conviction. The court found that the accused’s actions were reckless but not with the specific intent to kill or cause grievous bodily harm. Consequently, the court found the accused guilty of the unlawful homicide of Nanette Mary Porritt but not guilty of the murder charge. The final orders of the court were that the accused was acquitted of the charge of murder but found guilty of the unlawful homicide of Nanette Mary Porritt.
Orders
Orders of the court
The accused is not guilty of the offence charged that on 21 December 2005 at Canberra in the Australian Capital Territory he murdered Nanette Mary Porritt but is guilty of the unlawful homicide of the said Nanette Mary Porritt at the time and place aforesaid.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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